Defining and Preventing Sexual Harrassment Claim

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Sexual harassment in the workplace is illegal.  Handling sexual harassment incorrectly can subject the employer who ignores it to severe penalties.  Your harassment response and preventing it is crucial as employment environments become more diverse.

Defining Sexual Harassment

There are several types of sexual harassment.  Understanding them will help prevent an EEOC sexual harassment claim.

  • Quid pro quo sexual harassment occurs when a direct supervisor requests sexual favors in return for something directly in that supervisor’s ability to give.
  • Hostile environment sexual harassment is a situation where employees in a workplace are subject to unwanted sexual behavior from persons who are not in a supervisory position or instances where the behavior is quid pro quo" made known to a supervisor or manager who does nothing to stop the behavior.
  • Customer Sexual Harassment – employers can also be liable for customer’s sexual harassment against employees.  Examples of this type of harassment are when waiter or waitress maybe harassed by a customer while serving them, and an employer does nothing in response to harassment to protect the employee from such behavior.

Preventing Harassment Claims

  • Establish a clear written policy against sexual harassment and make it known to employees and managers.
  • Do not ignore any complaint of harassment; treating sexual harassment seriously is important.
  • Invite the EEOC to train your staff and employees about handling sexual harassment

Sexual Harassment Claim Legal Help

You definitely need legal counsel in this situation.  A lawyer experienced in employment law and sexual discrimination can help you develop your written sexual harassment policy.  An experienced sexual harassment claim lawyer can also assist you a harassment response that may prevent the filing of an eeoc sexual harassment claim.

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